What is Form I-129F?
Form I-129F is a petition used by a U.S. citizen who wishes to bring their foreign fiancé(e) to the United States for the purpose of getting married. This form is known as the “Petition for Alien Fiancé(e).” The U.S. citizen petitioner uses this form to establish the intent to marry their foreign fiancé(e) within 90 days of the fiancé(e) entering the U.S. on a K-1 visa.
The K-1 visa allows the foreign fiancé(e) to travel to the United States and marry the U.S. citizen petitioner. After the marriage takes place, the foreign spouse can apply for adjustment of status to become a lawful permanent resident (green card holder).
Here are the general steps involved in the process of using Form I-129F and obtaining a K-1 visa:
- File the Petition: The U.S. citizen petitioner completes and submits Form I-129F to the U.S. Citizenship and Immigration Services (USCIS). The form includes information about both the petitioner and the foreign fiancé(e), as well as details about their relationship and plans to marry.
- Wait for Approval: Once the USCIS approves the I-129F petition, it is sent to the appropriate U.S. consulate or embassy in the foreign fiancé(e)’s home country. The foreign fiancé(e) will then go through the visa application process at that consulate or embassy.
- Attend Visa Interview: The foreign fiancé(e) attends a visa interview at the U.S. consulate or embassy in their home country. During the interview, they provide additional documentation, answer questions, and undergo background checks.
- Receive K-1 Visa: If the visa is approved, the foreign fiancé(e) will receive a K-1 visa, allowing them to travel to the United States.
- Enter the U.S.: The foreign fiancé(e) enters the U.S. on the K-1 visa. They have 90 days from their entry to get married to the U.S. citizen petitioner.
- Marriage: The U.S. citizen petitioner and the foreign fiancé(e) must marry within the 90-day period. After the marriage, the foreign spouse can apply for adjustment of status to become a lawful permanent resident.
Please note that immigration processes and forms can change over time, so it’s important to refer to the most up-to-date information on the official website of the U.S. Citizenship and Immigration Services (USCIS) or consult with an immigration attorney if you’re planning to use Form I-129F and pursue a K-1 visa.
How to apply for a K-1 visa?
Applying for a K-1 visa involves several steps, and the process can vary depending on the specific circumstances and the country where the foreign fiancé(e) is located. Here is a general overview of the steps involved in applying for a K-1 visa:
- File Form I-129F: The U.S. citizen petitioner must complete and submit Form I-129F, “Petition for Alien Fiancé(e),” to the U.S. Citizenship and Immigration Services (USCIS). This form establishes the intention to marry and provides information about the petitioner and the foreign fiancé(e).
- Wait for USCIS Approval: After filing Form I-129F, the USCIS will review the petition. If approved, the USCIS will send the approved petition to the National Visa Center (NVC) and forward it to the U.S. embassy or consulate in the foreign fiancé(e)’s home country.
- Receive NVC Case Number: Once the NVC receives the approved petition, they will assign a case number and provide instructions for the next steps.
- Apply for a K-1 Visa: The foreign fiancé(e) must follow the instructions provided by the U.S. embassy or consulate in their home country to apply for a K-1 visa. This usually involves completing the DS-160 online visa application, paying the visa application fee, and scheduling a visa interview at the U.S. embassy or consulate.
- Gather Required Documentation: The foreign fiancé(e) will need to gather various documents for the visa interview. These documents may include a valid passport, birth certificate, police clearance certificates, medical examination results, evidence of the relationship with the U.S. citizen petitioner, and more.
- Attend Visa Interview: The foreign fiancé(e) attends a visa interview at the U.S. embassy or consulate. During the interview, they will be asked about their relationship with the U.S. citizen petitioner and their plans for marriage in the U.S.
- Receive K-1 Visa: If the visa is approved, the foreign fiancé(e) will receive a K-1 visa in their passport, allowing them to travel to the U.S.
- Enter the U.S.: Upon arrival in the U.S., the foreign fiancé(e) must marry the U.S. citizen petitioner within 90 days.
- Apply for Adjustment of Status: After marriage, the foreign spouse can apply for adjustment of status to become a lawful permanent resident (green card holder) by filing Form I-485 with the USCIS.
It’s important to note that the above steps provide a general overview of the K-1 visa application process, and specific requirements and procedures can vary based on the country and individual circumstances. Always refer to the most current and official information provided by the U.S. Department of State and U.S. embassy or consulate in the foreign fiancé(e)’s home country. Additionally, immigration processes and forms can change, so consider seeking advice from an immigration attorney or legal expert for personalized guidance. Read more “list your business in the” “free and paid submission to the” “add your site” statistics
How long does it take to obtain a K-1 visa?
The time it takes to obtain a K-1 visa, also known as the fiancé(e) visa, can vary based on several factors, including the processing times of the U.S. Citizenship and Immigration Services (USCIS), the U.S. embassy or consulate in the foreign fiancé(e)’s country, the completeness and accuracy of the application, and the individual circumstances of the case. Here is a general timeline of the K-1 visa application process:
- Form I-129F Processing: The initial processing time for Form I-129F, “Petition for Alien Fiancé(e),” by the USCIS can take several months. It typically ranges from around 5 to 10 months, but this timeline can vary. Check the USCIS website for current processing times.
- NVC Processing: Once the USCIS approves Form I-129F, the case is sent to the National Visa Center (NVC) and then forwarded to the U.S. embassy or consulate in the foreign fiancé(e)’s home country. The NVC processing time can vary, but it usually takes a few weeks to a couple of months.
- Visa Interview Scheduling: After the case is received by the U.S. embassy or consulate, the foreign fiancé(e) will need to wait for instructions to schedule a visa interview. The wait time for interview scheduling can also vary based on the embassy’s workload and local conditions.
- Visa Interview: The foreign fiancé(e) attends a visa interview at the U.S. embassy or consulate. After a successful interview, the visa is usually issued within a few days to a couple of weeks, depending on the specific embassy or consulate.
- Travel and Marriage: Once the K-1 visa is issued, the foreign fiancé(e) can travel to the U.S. The marriage between the U.S. citizen petitioner and the foreign fiancé(e) must occur within 90 days of the fiancé(e)’s entry into the U.S.
Please keep in mind that these timeframes are approximate and can change based on various factors. Additionally, the COVID-19 pandemic has introduced additional uncertainties and delays to the immigration process, including visa processing times and embassy operations. It’s important to refer to the official websites of the USCIS and the U.S. embassy or consulate in the foreign fiancé(e)’s home country for the most up-to-date information on processing times and procedures.
If you’re considering applying for a K-1 visa, you may also want to consult with an immigration attorney or legal expert to ensure that you have accurate and current information tailored to your specific situation.